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Bankruptcy of a Farmer
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Sequestration of James McCowan James McCowan's coal and farm account book is blank for most of the period, 1820-1829. That he was perhaps finally regaining his footing in Scotland following the bankruptcy of his coal and lime businesses in 1821 may be suggested by the sudden entries, in his account book, for "Cows Bulling" in 1830 and 1831 (to July 20). Evidently a fairly well-established cattle breeder, the local farms of Yondertown, Skelliehill, Brockly, Cumberhead and Coalburn were among his customers. The four-fold rent increase in 1829 was a substantial financial blow to McCowan during this period of apparent "rejuvenation". On February 11, 1831, John Gibson petitioned for the sequestration of James McCowan. The six page document illustrates three legal steps in sequestration proceedings: petition for sequestration by the Landlord, notice to the bankrupt by the Sheriff Court, and inventory of the bankrupt's property by a Sheriff-Officer.
Tenant, Landlord and Farm -- James McCowan's legal response or "answers" to the sequestration petition is not available. As his coal and farm account book has entries for "Cows Bulling" at local farms to July 20, 1831, we may perhaps assume that he stayed on at Auchanbeg in some fashion, at least for a few months. Of his last two years in Scotland, little is known -- but, indeed, his third son, David, signed a book "David M'Cowan in Auchinbegg, Lesmehagow, Eighteen hundred and thirty two years, aged fifteen years and 25 days this eighteenth day of Novr 1832 years". The exact relationship between landlord and tenant is unclear for the period from the spring of 1831 to the spring of 1833. In the spring of 1833 James took his family to Scarborough, Upper Canada, on the same vessel as the families of James Gibson, William Weir, Robert Tacket and John Muir. While the precise sequence of events that led to McCowan's emigration are not known, we can probably safely assume that his financial situation remained complex. He wrote from Springbank, Scarborough, on August 20, 1834: "If there is any thing to be got of the Mason's effects I hope you will do all for me that you can as I will be a losser by him to a considerable amount". His two-decade career as a coalmaster had been dominated by legal actions of his creditors. It appears, however, that he was a creditor himself when he died of cholera in Upper Canada on August 28, 1834. This researcher is not qualified to review the legal issues relating to John Gibson's actions as Laird of Stockbriggs. Nor are we sufficiently informed to state Gibson's personal reasons for not being more lenient on February 11, 1831, when he petitioned for the sequestration of James McCowan. It does appear, however, that Gibson himself may have been in financial difficulty in 1831. From Lanark, another John Gibson wrote to James Gibson in Scarborough on July 16, 1834:
William McCowan, Colburn, wrote to his nephew, Robert in Scarborough, on March 9, 1836, "Mr. Gibson according to report has sold off the whole of the Land except Todlaw to a Mr. Alston Glasgow" and on November 29, 1837:
James McCowan's successor as tenant of East Auchanbeg was Andrew Hamilton, the tenant of Goathouseknowe immediately to the south. James' brother, William, wrote on March 9, 1836.
William continued on November 29, 1837:
Gibson's eight year tenure as laird of Stockbriggs was almost certainly the most turbulent for the estate's tenant farmers since the market-driven economy was first experienced in Scotland. At least two farms changed hands when Gibson arrived and at least three more changed hands by about the time that he left.
The Scarboro Heights Record V11 #11
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